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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5125 Engrossed in Senate (ES)]

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118th CONGRESS
  2d Session
                                S. 5125

_______________________________________________________________________

                                 AN ACT

 
   To provide for certain improvements to the housing and workforce 
 programs of Federal land management agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Land Manager 
Housing and Workforce Improvement Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Definitions.
                      TITLE I--EXPANDING AUTHORITY

Sec. 101. Prioritizing National Park Service workforce housing.
Sec. 102. Authorizing the National Park Service to address workforce 
                            housing off-park.
Sec. 103. Expanding National Park Service rental options.
Sec. 104. Leveraging National Park Service rental receipts for 
                            workforce housing programming.
Sec. 105. Empowering the Forest Service to address workforce housing 
                            needs.
                TITLE II--EXPANDING PARTNERSHIP CAPACITY

Sec. 201. Engaging partners to address National Park Service workforce 
                            housing.
Sec. 202. Encouraging public-private cooperative management.
Sec. 203. Leveraging philanthropic support to address National Park 
                            Service workforce housing.
                    TITLE III--SUPPORTING WORKFORCE

Sec. 301. Supporting the land manager workforce.
Sec. 302. Supporting the seasonal National Park Service workforce.
                    TITLE IV--REPORTS AND OVERSIGHT

Sec. 401. Quantifying the workforce housing needs of land managers.
Sec. 402. Conducting oversight on the housing programming of land 
                            managers.
Sec. 403. Justifying emergency spending.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Natural Resources of the House 
                of Representatives;
                    (E) the Committee on Agriculture of the House of 
                Representatives; and
                    (F) the Committee on Appropriations of the House of 
                Representatives.
            (2) Covered agencies.--The term ``covered agencies'' 
        means--
                    (A) the National Park Service;
                    (B) the Bureau of Land Management;
                    (C) the United States Fish and Wildlife Service; 
                and
                    (D) the Forest Service.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                      TITLE I--EXPANDING AUTHORITY

SEC. 101. PRIORITIZING NATIONAL PARK SERVICE WORKFORCE HOUSING.

    Section 103502(a)(3) of title 54, United States Code, is amended--
            (1) by inserting ``quarters for field employees (as those 
        terms are defined in section 101331),'' after ``prioritize''; 
        and
            (2) by inserting a comma after ``facilities''.

SEC. 102. AUTHORIZING THE NATIONAL PARK SERVICE TO ADDRESS WORKFORCE 
              HOUSING OFF-PARK.

    Section 100901 of title 54, United States Code, is amended by 
adding at the end the following:
    ``(i) Acquisition of Land for Administration of System Units.--
            ``(1) In general.--To facilitate the administration of a 
        System unit, the Secretary may acquire, by donation, exchange, 
        or transfer from another Federal agency, not more than 20 acres 
        of land or interests in land, cumulatively, within the vicinity 
        of the System unit boundary for the development, construction, 
        maintenance, or operation of quarters for field employees (as 
        those terms are defined in section 101331) for the System unit.
            ``(2) Management.--
                    ``(A) In general.--With respect to any land or 
                interest in land acquired by the Secretary under 
                paragraph (1)--
                            ``(i) the land or interest in land shall 
                        not--
                                    ``(I) be administered as part of 
                                the System; or
                                    ``(II) be subject to the laws 
                                (including regulations) governing the 
                                associated System unit; but
                            ``(ii) the Secretary shall--
                                    ``(I) have the authority to 
                                supervise, manage, and control the 
                                land; and
                                    ``(II) issue such rules and 
                                regulations as the Secretary may 
                                determine to be necessary and proper 
                                for the use and management of the land.
                    ``(B) Authorizations.--The Secretary may grant 
                exclusive privileges, leases, and permits for the use 
                of land acquired under paragraph (1) and enter into 
                contracts relating to such authorizations as authorized 
                under this title, notwithstanding any restriction on 
                such authorizations to land within a System unit 
                boundary.
            ``(3) Disposal.--If the Secretary determines that any land 
        or interest in land acquired under paragraph (1) no longer 
        supports the administration of the System unit--
                    ``(A) the Secretary may determine the land and any 
                improvements to the land to be excess property for 
                disposal; and
                    ``(B) the proceeds from the disposal of excess 
                property under subparagraph (A) shall be retained by 
                the Secretary and deposited in the special fund 
                established for the development, construction, 
                maintenance, or operation of quarters for field 
                employees (as so defined) described in section 
                101338(b), to be expended by the Secretary without 
                further appropriation.''.

SEC. 103. EXPANDING NATIONAL PARK SERVICE RENTAL OPTIONS.

    Section 101336 of title 54, United States Code, is amended, in the 
first sentence, by striking ``management, repair, and maintenance of 
field employee quarters'' and inserting ``development, construction, 
maintenance, or operation of quarters for field employees''.

SEC. 104. LEVERAGING NATIONAL PARK SERVICE RENTAL RECEIPTS FOR 
              WORKFORCE HOUSING PROGRAMMING.

    Section 101338 of title 54, United States Code, is amended by 
adding at the end the following:
    ``(c) Use of Special Fund by National Park Service.--Amounts 
deposited by the Service in the special fund described in subsection 
(b) and established under section 320 of Public Law 98-473 (5 U.S.C. 
5911 note) shall be available for the development, construction, 
maintenance, or operation of quarters for field employees at System 
units.''.

SEC. 105. EMPOWERING THE FOREST SERVICE TO ADDRESS WORKFORCE HOUSING 
              NEEDS.

    (a) Use of Forest Service Structures or Improvements.--Section 7 of 
the Act of April 24, 1950 (commonly known as the ``Granger-Thye Act'') 
(64 Stat. 84, chapter 97; 16 U.S.C. 580d), is amended by striking 
``thirty years as determined by him'' and inserting ``30 years, or in 
the case of a permit for workforce housing and related infrastructure, 
50 years, as determined to be appropriate by the Secretary of 
Agriculture''.
    (b) Conveyances of Forest Service Administrative Sites.--Title V of 
the Forest Service Facility Realignment and Enhancement Act of 2005 (16 
U.S.C. 580d note; Public Law 109-54) is amended--
            (1) in section 503--
                    (A) by striking subsection (f); and
                    (B) by redesignating subsection (g) as subsection 
                (f); and
            (2) in section 504(c)(2), by striking ``by competitive 
        sale'' and inserting ``by soliciting not fewer than 2 
        competitive bids''.

                TITLE II--EXPANDING PARTNERSHIP CAPACITY

SEC. 201. ENGAGING PARTNERS TO ADDRESS NATIONAL PARK SERVICE WORKFORCE 
              HOUSING.

    Section 101701(a) of title 54, United States Code, is amended--
            (1) in paragraph (1), by inserting, ``, including projects 
        for quarters for field employees (as those terms are defined in 
        section 101331),'' after ``responsibilities of the Secretary''; 
        and
            (2) in paragraph (2)--
                    (A) by inserting ``, Tribal,'' after ``State'';
                    (B) by inserting ``(including an organization that 
                has a philanthropic agreement to fundraise or otherwise 
                generate donations on behalf of, or for the benefit of, 
                the Service)'' after ``organization''; and
                    (C) by inserting ``(including an individual that 
                has a philanthropic agreement to fundraise or otherwise 
                generate donations on behalf of, or for the benefit of, 
                the Service)'' after ``individual''.

SEC. 202. ENCOURAGING PUBLIC-PRIVATE COOPERATIVE MANAGEMENT.

    Section 101703 of title 54, United States Code, is amended to read 
as follows:
``Sec. 101703. Cooperative management agreements
    ``(a) Definition of State.--In this section, the term `State' means 
each of the several States, the District of Columbia, and each 
territory of the United States.
    ``(b) Cooperative Management Agreements.--
            ``(1) In general.--The Secretary, in accordance with the 
        laws generally applicable to System units and under such terms 
        and conditions as the Secretary considers appropriate, may 
        enter into a cooperative management agreement with a State, 
        Indian Tribe, or local government with park land adjacent to a 
        System unit, if the agreement would provide for more effective 
        and efficient management of a System unit and the adjacent non-
        Federal park land.
            ``(2) No transfer of administrative responsibilities.--The 
        Secretary may not transfer administration responsibilities for 
        any System unit under this subsection.
    ``(c) Provision of Goods and Services.--
            ``(1) In general.--The Secretary may provide or acquire 
        goods and services on a reimbursable basis as part of a 
        cooperative management agreement entered into under subsection 
        (b).
            ``(2) Retention of funds.--The Secretary may retain and 
        expend any funds received under this section without further 
        appropriation.
    ``(d) Co-location.--The Secretary and a State, Indian Tribe, or 
local government may co-locate in offices or facilities owned or leased 
by either party as part of a cooperative management agreement entered 
into under subsection (b).
    ``(e) Employees.--
            ``(1) Assignment of employee.--The Secretary may arrange an 
        assignment under section 3372 of title 5 of a Federal employee 
        or an employee of a State, Indian Tribe, or local government, 
        as mutually agreed on, for work, on the applicable Federal, 
        State, local, or Tribal park land covered by the cooperative 
        management agreement.
            ``(2) Extension of assignment.--An assignment under 
        paragraph (1) may be extended if the Secretary and the State, 
        Indian Tribe, or local government determine the extension to be 
        mutually beneficial.''.

SEC. 203. LEVERAGING PHILANTHROPIC SUPPORT TO ADDRESS NATIONAL PARK 
              SERVICE WORKFORCE HOUSING.

    Section 103501(c)(3) of title 54, United States Code, is amended by 
striking ``(including funds and fairly valued durable goods and 
materials)'' and inserting ``(including any combination of cash, fairly 
valued services, and durable goods and materials)''.

                    TITLE III--SUPPORTING WORKFORCE

SEC. 301. SUPPORTING THE LAND MANAGER WORKFORCE.

    (a) In General.--The Secretary or the Secretary of Agriculture, as 
applicable, may recruit and directly appoint qualified individuals into 
the competitive service who are certified, in accordance with 
procedures established by the Secretary or the Secretary of 
Agriculture, as applicable, as maintaining a permanent and exclusive 
residence within the vicinity of a site administered by the National 
Park Service, the United States Fish and Wildlife Service, or the 
Forest Service to a field unit which the individual would report to 
work into any position at or below grade GS-9 of the General Schedule, 
WG-15 of the Federal Wage System, or equivalent within the applicable 
field unit.
    (b) Requirements.--An appointment by the Secretary under subsection 
(a) shall be considered compliant with all applicable provisions of 
chapter 33 of title 5, United States Code, if the Secretary ensures 
that the appointment action--
            (1) is consistent with the merit principles of section 2301 
        of that title; and
            (2) complies with the public notice requirements of section 
        3327 of that title.
    (c) Termination of Authority.--The authority provided under 
subsection (a) shall terminate on September 30, 2030.

SEC. 302. SUPPORTING THE SEASONAL NATIONAL PARK SERVICE WORKFORCE.

    (a) In General.--Notwithstanding any other provision of law, for 
purposes of determining the noncompetitive rehire eligibility of 
temporary seasonal employees of the National Park Service--
            (1) the Secretary shall establish a definition of what 
        constitutes a major subdivision of the National Park Service; 
        and
            (2) any requirement that a position be in the same local 
        commuting area shall not apply.
    (b) Termination of Authority.--The authority provided under 
subsection (a) shall terminate on September 30, 2030.

                    TITLE IV--REPORTS AND OVERSIGHT

SEC. 401. QUANTIFYING THE WORKFORCE HOUSING NEEDS OF LAND MANAGERS.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary and the Secretary of Agriculture shall jointly submit to 
the appropriate committees of Congress a needs assessment report that 
provides, with respect to housing the workforce of covered agencies, as 
applicable--
            (1) an analysis of the unit type and condition of--
                    (A) housing owned by the covered agencies; and
                    (B) housing leased by the covered agencies;
            (2) an analysis of the employment status of the occupants 
        of the housing analyzed under paragraph (1), including--
                    (A) whether the occupants are--
                            (i) members of the permanent workforce; or
                            (ii) members of the seasonal workforce; and
                    (B) which positions identified under subparagraph 
                (A) required housing provided by the applicable covered 
                agency as a condition of employment with the covered 
                agency; and
            (3) an analysis of the private housing markets within the 
        vicinity of a covered agency field unit, including--
                    (A) the availability and affordability of housing 
                for sale or lease; and
                    (B) the impact of vacation rental services on--
                            (i) the cost of living; and
                            (ii) the available supply of housing.

SEC. 402. CONDUCTING OVERSIGHT ON THE HOUSING PROGRAMMING OF LAND 
              MANAGERS.

    (a) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate committees of Congress a report that--
            (1) assesses, in consultation with the National Housing 
        Council described in Office of Management and Budget Circular 
        A-45, the effect of Office of Management and Budget Circular A-
        45R on the housing of the workforce of covered agencies;
            (2) assesses the effect of Office of Management and Budget 
        Circular A-11 on the housing of the workforce of covered 
        agencies;
            (3) assesses the effect of department-level guidance on the 
        housing of the workforce of covered agencies;
            (4) assesses the effect of agency-level guidance on the 
        housing of the workforce of covered agencies; and
            (5) identifies suggested administrative actions and 
        legislative proposals to reform the guidance assessed under 
        paragraphs (1) through (4), including--
                    (A) improvements to tenant experience;
                    (B) improvements to workforce housing supply, 
                including--
                            (i) housing managed by the covered 
                        agencies; and
                            (ii) leased private market housing;
                    (C) improvements to financing options;
                    (D) improvements to public-private partnerships;
                    (E) improvements to philanthropic engagement; and
                    (F) improvements to commuting times to report 
                stations, including--
                            (i) available housing in the gateway 
                        communities;
                            (ii) available housing in the nearest 
                        established community (as defined in Office of 
                        Management and Budget Circular A-45); and
                            (iii) differences between normal commuting 
                        conditions and peak-commute traffic conditions, 
                        including considerations for--
                                    (I) road quality and condition;
                                    (II) availability of public 
                                transportation;
                                    (III) winter driving; and
                                    (IV) visitor traffic.
    (b) Implementation.--Not later than 1 year after the date on which 
the report is submitted under subsection (a), the heads of the covered 
agencies shall carry out the administrative actions identified under 
paragraph (5) of that subsection.

SEC. 403. JUSTIFYING EMERGENCY SPENDING.

    Section 5 of the Act of August 3, 1956 (70 Stat. 1033, chapter 950; 
7 U.S.C. 2228), is amended--
            (1) by striking the section designation and all that 
        follows through ``The Department'' and inserting the following:

``SEC. 5. EMERGENCY SUBSISTENCE FOR EMPLOYEES.

    ``(a) In General.--The Department''; and
            (2) by adding at the end the following:
    ``(b) Report.--
            ``(1) In general.--Except as provided in paragraph (3), not 
        later than 30 days after the date on which the Secretary of 
        Agriculture furnishes subsistence to employees under subsection 
        (a), the Secretary of Agriculture shall submit to the 
        appropriate committees of Congress (as defined in section 2 of 
        the Land Manager Housing and Workforce Improvement Act of 2024) 
        a report providing--
                    ``(A) 1 or more justifications for the use of the 
                authority;
                    ``(B) the number of employees that were furnished 
                subsistence;
                    ``(C) the estimated cost of furnishing subsistence; 
                and
                    ``(D) the expected duration for which subsistence 
                is to be provided.
            ``(2) Office of management and budget.--The information for 
        a report required under paragraph (1) shall be produced in 
        coordination with, and approved by, the Director of the Office 
        of Management and Budget.
            ``(3) Exception.--A report under paragraph (1) shall not be 
        required in the case of an emergency resulting from a natural 
        disaster, act of terrorism, or other man-made disaster.''.

            Passed the Senate December 18 (legislative day, December 
      16), 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 5125

_______________________________________________________________________

                                 AN ACT

   To provide for certain improvements to the housing and workforce 
 programs of Federal land management agencies, and for other purposes.
```